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The Plaintiff
A. As to KRW 61,402,310 and KRW 61,402,205 among them, Defendant A shall be from April 1, 2020 to June 3, 2020.
Reasons
1. Around October 18, 2018, Defendant A, who operated a personal business entity called “C”, was loaned KRW 50 million for the company’s ordinary working capital from D Co., Ltd. (hereinafter “D Bank”). Around that time, the Plaintiff entered into a credit guarantee agreement with the Defendant and issued the said credit guarantee agreement with D Bank with the content of the guarantee amount, including KRW 50 million, and the guarantee period from October 18, 2018 to October 18, 2019.
A around October 19, 2018, Defendant A borrowed KRW 14 million from E Co., Ltd. (hereinafter “E bank”). At that time, the Plaintiff entered into a credit guarantee agreement with Defendant A on September 20, 2019 with the term of guarantee, and issued a credit guarantee agreement with E Co., Ltd. with the same content as the credit guarantee agreement, and around that time, Defendant B guaranteed the Plaintiff’s debt owed by Defendant A pursuant to the said credit guarantee agreement.
Around October 2019, the Plaintiff agreed to extend the guarantee period under the credit guarantee agreement with Defendant A and the said D Bank on October 16, 2020, and reduce the guarantee amount to KRW 47.5 million. Around that time, the Plaintiff notified D Bank of the changes in the terms and conditions of the credit guarantee.
Around October 2019, the Plaintiff agreed to extend the guarantee term under the credit guarantee agreement with Defendant A and the E Bank as of September 18, 2020, and reduce the guarantee amount to KRW 13.3 million. Around that time, the Plaintiff notified E Bank of the details of the change in the credit guarantee terms and conditions.
Defendant A paid 48,304,157 won to D Bank on April 1, 2020 and collected 309,830 won from Defendant A on the same day, as Defendant A paid 48,304,157 won to D Bank on behalf of Defendant A on April 1, 202, Defendant A incurred 84 won for delay in relation to the amount recovered. Defendant A paid 13,485,38 won to E Bank and collected 7,510 won on the same day.